03/02/2020
Reno v. American Civil Liberties Union, 117 S.Ct. 2329, 138 L.Ed.2d 874 (1997)
We are persuaded that the CDA lacks the precision that the First Amendment
requires when a statute regulates the content of speech. In order to deny minors
access to potentially harmful speech, the CDA effectively suppresses a large
amount of speech that adults have a constitutional right to receive and to
address to one another. That burden on adult speech is unacceptable if less
restrictive alternatives would be at least as effective in achieving the legitimate
purpose that the statute was enacted to serve.
In evaluating the free speech rights of adults, we have made it perfectly clear
that "[s]exual expression which is indecent but not obscene is protected by the
First Amendment." Sable, 492 U. S., at 126. See also Carey v. Population
Services Int'l, 431 U.S. 678, 701 (1977) ("[W]here obscenity is not involved, we
have consistently held that the fact that protected speech may be offensive to
some does not justify its suppression"). Indeed, Pacifica itself
admonished that "the fact that society may find speech offensive is not a
sufficient reason for suppressing it." 438 U. S., at 745.
It is true that we have repeatedly recognized the governmental interest in
protecting children from harmful materials. See Ginsberg, 390 U. S., at 639;
Pacifica, 438 U. S., at 749. But that interest does not justify an unnecessarily
broad suppression of speech addressed to adults. As we have explained, the
Government may not "reduc[e] the adult population . . . to . . . only what is fit
for children." Denver, 518 U. S., at ___ (slip op., at 29) (internal quotation
[n.40]
marks omitted) (quoting Sable, 492 U. S., at 128).
"[R]egardless of the
strength of the government's interest" in protecting children, "[t]he level of
discourse reaching a mailbox simply cannot be limited to that which would be
suitable for a sandbox." Bolger v. Youngs Drug Products Corp., 463 U.S. 60, 7475 (1983).
The District Court was correct to conclude that the CDA effectively resembles the
ban on "dial a porn" invalidated in Sable. 929 F. Supp., at 854. In Sable, 492 U.
S., at 129, this Court rejected the argument that we should defer to the
congressional judgment that nothing less than a total ban would be effective in
preventing enterprising youngsters from gaining access to indecent
communications. Sable thus made clear that the mere fact that a statutory
regulation of speech was enacted for the important purpose of protecting
children from exposure to sexually explicit material does not foreclose inquiry
[n.41]
into its validity.
As we pointed out last Term, that inquiry embodies an
"over arching commitment" to make sure that Congress has designed its statute
to accomplish its purpose "without imposing an unnecessarily great restriction on
speech." Denver, 518 U. S., at ___ (slip op., at 11).
In arguing that the CDA does not so diminish adult communication, the
Government relies on the incorrect factual premise that prohibiting a
transmission whenever it is known that one of its recipients is a minor would not
interfere with adult to adult communication. The findings of the District Court
https://www.law.cornell.edu/supct/html/96-511.ZO.html
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